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Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR ACCOMMODATION SERVICES PROVIDED BY 7th HEAVEN GUEST HOUSE
1.1 These general terms and conditions apply exclusively for the provision of accommodation services by 7Th Heaven Guest House, trading as 7th Heaven Conference Room.
1.2 The General Terms and Conditions can be obtained electronically at www.7thheaven.co.za or viewed at the reception of the guesthouse.
1.3 These terms and conditions do not rule out special agreements. The terms and conditions are subsidiary to any individually made agreements that have been reduced to writing.
2. DEFINITION OF TERMS
2.1 The terms used in this contract are thus defined:
2.1.1 7th Heaven Guesthouse is the legal body trading as any of the guesthouse names mentioned in 1.1 above, which accommodates guests in return for payment.
2.1.2 “Guest” is an individual person who makes use of the accommodation. The guest is usually the contractual partner. A guest is also any person who stays in the guesthouse together with the contractual partner (e.g. member of the family, friend, colleague, etc.).
2.1.3 “Contractual Partner” is an individual person or legal body from South Africa or a foreign country who/which enters into an accommodation contract as a guest or for a guest.
2.1.4 “Accommodation contract” is the contract made between the guesthouse and the contractual partner, the contents of which are regulated in detail in this document.
2.1.5 “Contracting parties” are the guesthouse (accommodation provider) and the contractual partner (individual guests, tour operators, travel agents, corporates or private travel groups).
2.1.6 Expressions in the singular also denote the plural and vice versa.
2.1.7 Pronouns of any gender include the corresponding pronouns of the other gender.
2.1.8 Clause headings appear in the contract for reference purposes only.
2.1.9 This contract shall be interpreted and applied in accordance with South African law.
3. CONCLUSION OF CONTRACT & DEPOSIT
3.1 The accommodation contract comes into effect upon acceptance of the guesthouse’s written or verbal quotation by the guest, with these terms and conditions serving as a basis for the contract, which is expressly accepted by the guest and/or contractual partners.
3.2 50% deposit required by the guesthouse must be paid in order to confirm any booking. Any booking not confirmed by payment of a deposit shall not be deemed to be a confirmed booking.
3.3 By entering into an accommodation contract, the contractual partner acquires the right of normal use of the rented rooms, the facilities in the guesthouse which are generally open for normal use by guests. The contractual partner has the right to act within any guesthouse or guest regulations (guesthouse rules).
4. ARRIVAL & DEPARTURE
4.1 Booked rooms are made available to the guest on arrival day after 14:00 until 10:00 on the day of departure.
4.2 Check-in times are strictly between 14:00 and 20:00 on the day of arrival. 4.3 Any late arrivals need to be arranged prior to the guest’s arrival at the guesthouse. Arrangements need to be made either telephonically, via email WhatsApp or through an SMS.
4.4 It is expressly understood by the guest(s) that the guesthouse is not a hotel and there is no 24-hour reception.
4.5 If departure is expected to be after 10:00, the guest must inform the front desk no later than 20:00 on the day before departure. In the event of departure before 18:00, half of the room price for that day must be paid. If departure is after 18:00, the full room price must be paid.
5.1 Prices are determined by the guesthouse and are valid as at the time the services are provided.
5.2 In cases where VAT is applicable, it is included in the price. Any increase in VAT rates subsequent to the conclusion of the contract is at the expense of the guest.
5.3 The guesthouse is not obliged to accept foreign currency. Should any party or an employee of the guesthouse accept foreign currency, then the daily exchange rates for the transaction shall be calculated using the guesthouse’s nominated bank as a reference, with a 2% (two percent) handling fee added.
6. TERMS OF PAYMENT
6.1 All guesthouse payments are due 10 days prior to arrival.
6.2 In all instances, the guesthouse is entitled to demand advance payment of an appropriate amount from the guest. If payment fails to be made by the payment deadline, the guest is deemed to be in default, with no collection letter required for this effect. For late payment notices resulting from instances of late payment, a reminder charge may be demanded.
6.3 With respect to contracts with consumers as defined in the Consumer Protection Act 68 of 2008 as well as with those for whom the transaction is within the scope of operation of a business, wherein a business is to be understood as a permanently established organisation for independent activity whether it is commercial in nature or not, the guesthouse is entitled, in the event of late payment, to demand interest on late payments at a rate of 15.5% per annum from due date.
6.4 All credit / debit cards are welcome at the guesthouse.
7.1 In the case of force majeure and other hindrances for which the guesthouse is not responsible, in particular, those outside the guesthouse’s sphere of influence, the guesthouse reserves the right to withdraw from the contract without the guest being entitled to any claim for compensation.
7.2 Unless otherwise stipulated, the following cancellation conditions apply for guests:
7.2.1 Up to 7 days prior to check-in – 50% of the full accommodation fee will be charged as cancellation.
7.2.2 Less than 2 days prior to arrival – 100% of the full accommodation fee will be charged as cancellation.
7.3 No shows will be charged at 100% of the full accommodation fee.
7.4 Early departures (i.e. checking out before the agreed departure date) will be charged at 100% of the full accommodation fee and no refunds will be given.
8. PROVIDING ALTERNATIVE ACCOMMODATION
8.1 The guesthouse can allocate the contractual partner alternative accommodation (same standard) when it is acceptable within reason to the contractual partner, especially when the divergence/difference is minimal and realistically justifiable.
8.2 A realistic justification is given for example when the room(s) has (have) become unusable, when guests already occupying the room(s) decide to extend their stay, when an over-booking occurs or other important company internal reasons which make these measures necessary.
8.3 Any additional costs incurred for the alternative accommodation are to be paid by the guesthouse.
9. TERMINATION OF THE ACCOMMODATION CONTRACT
9.1 Should the closed accommodation contract determine the duration of stay, then the contract ceases at the end of this duration.
9.2 Should the contractual partner depart prematurely; the accommodation provider is entitled to charge the full amount agreed upon. The accommodation provider may deduct the value of the savings resulting from the contractual partner’s nonconsummation or the re-rental of the booked room(s). A saving only exists when the accommodation is completely fully booked at the time of the non-consumption of the booked rooms by the contractual partner and when the rooms can be re-rented to other guests due to the cancellation/premature departure. The burden of proof of savings lies with the contractual partner.
9.3 The guesthouse is entitled to end the contract with immediate effect for valid reasons, in particular when the contractual partner or guest:
9.4.1 Uses or handles the accommodation in a seriously detrimental manner; spoils or makes cohabitation impossible for other guests, the owners and/or their staff or any GENERAL TERMS AND CONDITIONS FOR ACCOMMODATION SERVICES PROVIDED BY 7th HEAVEN GUEST HOUSE or any other third parties staying in the guesthouse due to his inconsiderate, objectionable or otherwise grossly unseemly behavior; or when he acts in a criminal manner towards these persons and by doing so threatens their property, morals or personal safety.
9.4.2 Misuse of alcohol in the premises or when any illegal substance is found with the guest or any party accompanying the guest.
9.4.3 Is afflicted with a contagious illness or an illness that lasts longer than the duration of the stay in the guesthouse, or becomes otherwise in need of medical care.
9.4.4 Fails to pay the issued bill when due within a reasonably allocate period.
9.5 Should the fulfillment of the contract be made impossible due to events considered an act of nature beyond control (e.g. natural events/acts of God; strikes; lockouts; official decrees, etc.), the guesthouse is entitled to cancel the contract at any time without adherence to a cancellation period, provided the contract is not already considered terminated by law, or when the guesthouse has already been freed of his obligation to provide accommodation. Further events such as load-shedding or water cuts by local municipalities shall also be deemed to be acts beyond the control of the guesthouse.
9.6 Compensation claims by the contractual partner are impossible.
10.1 The guesthouse, nor any of their directors, officers, employees, representatives, or agents shall not be liable for any loss or damage (whether direct, indirect, consequential or otherwise) suffered by the guest and/or any other person. The guest and/or any other person indemnify the guesthouse and their directors, officers, employees, representatives or agents against any claim by any other person, arising from any cause in connection with the delivery of services, save in the event that such loss or damage arises from gross negligence or wilful misconduct on the part of the guesthouse or any of their directors, officers, employees, representatives or agents.
10.2 Notwithstanding the foregoing, nothing in these terms and conditions is intended to exclude or limit any of the guest’s rights. The guests have as a consumer under the Consumer Protection Act (CPA) 68 of 2008 or any other applicable law which may not be excluded or limited, or to exclude or limit in any way the liability to the guest or any other person under the CPA or any other applicable law which may not be excluded or limited.
10.3 Guests use the guesthouse and recreational facilities at their own risk. The guesthouse is not liable for deficiencies not immediately recognizable when acting with due diligence, or for damages resulting therefrom. In particular, a pursuant reduction in price may not be demanded.
10.4 The contractual partner understands and agrees that the guesthouse and any holding or subsidiary company will not accept responsibility for any loss or damage to vehicles parked or property that might be inside such a vehicle. Vehicles and property stored entirely at its own risk.
10.5 For items brought into the guesthouse, the guesthouse is not liable for any loss or dame to said items.
10.6 All safety signs are placed for the protection of the guests. 7th Heaven have permits and licenses from the fire department and others ensuring the safety of every guest visiting the guesthouse. This is in accordance with the Occupational Health and Safety Act 85 of 1993. The guesthouse will not be held liable for any loss or damage to personal property or persons if failure to follow such safety signs is not followed.
10.7 The swimming pool and the surrounding areas are to be used at the guest's own risk. No young persons are to be left unattended while using the swimming facilities. The Deep and Shallow end of the pool is clearly defined. No diving or jumping will be tolerated in the swimming pool area.
11.1 Subletting or re-letting, as well as the use of guesthouse rooms for purposes other than residential, requires the prior, written consent of the guesthouse.
11.2 The contractual partner does not have the right to demand an extension of stay. Should the contractual partner give timely notice of his desire to extend his stay, the guesthouse can then agree to the extension of the accommodation contract. The guesthouse is, however, not obliged to extend the contract.
11.3 No animals of any kind are allowed in the guesthouse.
11.4 No waiver by the guesthouse of any breach, failure or fault in performance by the other party or refusal or neglect to exercise any right hereunder, or to insist upon strict compliance with this Agreement, or any other indulgence allowed or shown shall constitute a waiver, variation or novation of any of the provisions of these terms and conditions or a waiver by the guesthouse of its rights at any time or operate as or create any estoppel against the guesthouse unless reduced to writing and signed by a duly authorised representative.
11.5 All terms and conditions are deemed to be material.
11.6 The guesthouse is used as a Conference Centre; all guests should respect any conference taking place and not disrupt.
11.7 The guesthouse is privately owned and is used as a residential property. Under no circumstance will any guest enter the private quarters of the owners.
11.8 Dining Room area will be allocated for use during Breakfast, Lunch, and Dinner. Breakfast will be served between 06:30 and 09:00 only. Lunch will be served between 12:00 and 14:00 only. Dinner will be served between 18:00 and 21:00 only.
11.9 If dinner is required, guests will need to confirm before 09:00 in order for arrangements to be made.
11.10 WIFI will be freely available to use. However, there is a limit on the amount guests are able to use. WIFI is capped at 500mbs per day. Any guest that exceeds this limit will be able to purchase more WIFI at a set rate.
11.11 Transportation to any one of the two (2) airports can be arranged at a set rate.
11.12 Any children under the age of 3, a crib will be provided (for free) upon request.
11.13 No guest is to climb onto or slide down the roof.
Whilst every care has been taken by 7th Heaven Guest House to ensure the safety of guests and their possessions whilst enjoying our accommodation, 7th Heaven Guest House and the owners do not accept any liability in the event that any loss or damage to persons or property is experienced by a guest and their visitors.
7th Heaven Guest House or the owners does not accept any liability for loss of or damage to any valuables or property belonging to guests or their visitors. It is, therefore, the sole responsibility of all guests to make arrangements for adequate insurance coverage on all valuable items prior to arrival at 7th Heaven Guest House. This includes but is not limited to, photographic equipment, laptops or other electronic devices, jewelry, cash, and vehicles.
Any guest or their visitors using the swimming pool and surrounding area are utilizing such facilities entirely at their own risk and that they are fully aware that there are no lifesaving facilities of any nature provided and therefore indemnify 7th Heaven Guest House and the owners of this facility in full and shall have no claim of whatsoever nature against the 7th Heaven Guest House and the owners including any claim from any injury/ bodily harm/death and or/loss of property which could arise from the use of this facility.
Loss or Damage to 7th Heaven Guest House:
Should 7th Heaven Guest House suffer any loss or damage as a result of an act or omission by a guest or the visitor of a guest, the guest will remain liable for full reimbursement of such loss or damage incurred and will be billed accordingly.
Right of Admission Reserved:
7th Heaven Guest House at all times reserves the full right of admission and accepts no liability for any loss or damage that may result from the legal and reasonable exercising of such rights.
For the comfort of our guests, 7th Heaven Guest House is a strictly non-smoking accommodation establishment except for outside designated smoking areas.
Minors are the sole responsibility of the parents, guardian(s) or the person or persons in whose care they are whilst at 7th Heaven Guest House or whilst using its facilities.